New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 52

52 Right to return to public sector for certain executive officers

(1) An executive officer may elect to retain a right of return to the public sector if:

(a) the officer was engaged in the public sector on a full-time basis when he or she first became an executive officer, and

(b) for at least some part of that engagement the person was an employee in the public sector.

(2) Any such election:

(a) may be made in the first contract of employment entered into by the executive officer, but (unless made in that first contract) may not be made in any subsequent contract for the same or another executive position, and

(b) is revoked if the election is not made by the executive officer in a subsequent contract of employment, and

(c) may be revoked by the executive officer by notice in writing to the Commissioner, and

(d) if revoked, may not be made again.

(2A) Despite any other provision of this section, an executive officer may not make an election under this section after the commencement of this subsection (as inserted by the Police Legislation Further Amendment Act 1996 ) unless an election by the executive officer under this section was in force immediately before the commencement of this subsection.

(3) If an executive officer has elected to retain a right of return to the public sector, the officer’s contract of employment must provide for the cost of that right as part of the officer’s remuneration package under Division 5.

(4) An executive officer who has elected to retain a right of return to the public sector is entitled to an engagement in the public sector if the person ceases to be an executive officer and is not re-appointed to the same or another executive position.

(5) A person is not entitled to an engagement in the public sector under this section if the person ceased to be an executive officer because the person resigned, was (after due inquiry) removed from office for misbehaviour or was removed from the NSW Police Force under section 181D.

(6) The engagement in the public sector to which a person is entitled under this section is to be an engagement in any part of the public sector at a salary not lower than the current maximum salary for:

(a) the previous engagement of the person as such an employee within the public sector, or

(b) a clerk (grade 12) in the Public Service,

whichever is the lesser.

(7) A person who is entitled to such an engagement is not entitled to any compensation for ceasing to hold office as an executive officer or to any remuneration in respect of the office for any period afterwards (except remuneration in respect of a subsequent re-appointment to the office).

(8) Subsection (7) does not prevent the payment of additional remuneration to a person who is engaged in the public sector under this section in order to maintain, in accordance with the Crown’s redeployment policy, the level of the person’s previous remuneration package for a period after the person ceases to be an executive officer.

(9) If an executive officer has not entered into a contract of employment and is eligible to make an election under this section:

(a) the officer is (until the officer enters into a contract of employment) to be taken to have made an election under this section, but may revoke that election, and

(b) the cost (under Division 5) of the right of return to the public sector in accordance with that election is to be deducted from the officer’s remuneration.

(10) A reference in this section to an executive officer ceasing to be an executive officer is, in the case of an executive officer removed from office under section 51, a reference to an executive officer ceasing to be such an officer as referred to in section 51 (4).